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Following is a question by the Hon Wong Yuk-man and a written reply by the Secretary for Constitutional and Mainland Affairs, Mr Raymond Tam, in the Legislative Council today (December 5):
Question:
At present, the Chairperson of the Equal Opportunities Commission (EOC) serves as the Convenor of the Non-official Members of the Executive Council concurrently. There are comments that EOC's previous engagement in lawsuits with the Government in discharging its statutory duties reflects that there is a potential role conflict between the two aforesaid offices and it is therefore inappropriate for the two offices to be taken up by the same person. On the other hand, section 63(5) of the Sex Discrimination Ordinance (Cap. 480) stipulates that EOC's "Chairperson shall be appointed on a full-time basis", while section 6 of the Personal Data (Privacy) Ordinance (Cap. 486) stipulates that "The person appointed to be the [Privacy] Commissioner [for Personal Data] shall not, without the specific approval of the Chief Executive, hold any office of profit other than his office as Commissioner". In this connection, will the Government inform this Council:
(a) of the justifications for enacting different legal requirements regarding the holding of other remunerated offices by the EOC Chairperson and the Privacy Commissioner for Personal Data; and
(b) whether it will amend the relevant provisions in the Sex Discrimination Ordinance to align the restriction on the EOC Chairperson holding other remunerated offices with that for the Privacy Commissioner for Personal Data; if it will, of the legislative timetable; if not, the reasons for that?
Reply:
President,
Our consolidated reply to different parts of the question is as follows:
It is stipulated in section 63(5) and (6) of the Sex Discrimination Ordinance (Cap. 480) that "the Chairperson [of the Equal Opportunities Commission] shall be appointed on a full-time basis" and "the relevant provisions of Schedule 6 shall have effect with respect to the Commission and its members". Paragraph 1(2) of Schedule 6 to that Ordinance further stipulates that "the Chairperson shall not, without the specific approval of the Chief Executive, hold any office of profit other than his office as Chairperson; or engage in any occupation for reward outside the functions of his office".
It is stipulated in section 6 of the Personal Data (Privacy) Ordinance (Cap. 486) that "the person appointed to be the [Privacy] Commissioner [for Personal Data] shall not, without the specific approval of the Chief Executive, hold any office of profit other than his office as Commissioner; or engage in any occupation for reward outside the functions of his office".
The statutory restriction under the Sex Discrimination Ordinance in respect of the holding of any office of profit other than the office as Chairperson of the Equal Opportunities Commission is, in substance, no different from that applicable to the Privacy Commissioner for Personal Data under the Personal Data (Privacy) Ordinance.
Ends/Wednesday, December 5, 2012
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